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17/F/Tx trying to leave home without consent

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AngryYoungMan

Guest
What is the name of your state? Texas


I need to know what age you can legally leave home in Texas with or without consent, what repurcutions it can have regarding school and/or G.E.D. testing and if parents can legally have the person retained at home until full legal age is reached.

Also any info regarding emancipation, school transfer without parental consent and transfer of guardianship will be greatly appreciated.

I'll give more details if you need it.

Thanks for your help.
 


B

Boxcarbill

Guest
AngryYoungMan said:
What is the name of your state? Texas

I need to know what age you can legally leave home in Texas with or without consent, what repurcutions it can have regarding school and/or G.E.D. testing and if parents can legally have the person retained at home until full legal age is reached.

Also any info regarding emancipation, school transfer without parental consent and transfer of guardianship will be greatly appreciated.

I'll give more details if you need it.

Thanks for your help.
Well, you covered a multitude of subjects as well as several Texas codes. For purposes of criminal prosecution, you are legally an adult at age 17 under the Texas Penal code. For purposes of child support, under the Texas Family code, you are a child. Parents are obligated to support their child until the child reaches 18 years of age or graduates from high school, whichever is later, so long as the child is enrolled in a school leading to a high school diploma. Only because I posted the emancipation statute for another 16 year old girl, I will copy and paste that statute for you. As for your other questions, demonstrate your independence by doing your own research.

Texas Family Code
CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY

§ 31.001. Requirements

(a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

(1) a resident of this state;

(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and

(3) self-supporting and managing the minor's own financial affairs.

(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.



§ 31.002. Requisites of Petition; Verification

(a) The petition for removal of disabilities of minority must state:

(1) the name, age, and place of residence of the petitioner;

(2) the name and place of residence of each living parent;

(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

(4) the name and place of residence of the managing conservator, if any;

(5) the reasons why removal would be in the best interest of the minor; and

(6) the purposes for which removal is requested.

(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 31.003. Venue


The petitioner shall file the petition in the county in which the petitioner resides.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 31.004. Guardian Ad Litem

The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.



§ 31.005. Order

The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1303, § 1, eff. Sept. 1, 1999.
 
A

AngryYoungMan

Guest
thanks for the info and time. I actually did a few hours of research after I posted and found the same info you posted.

Now I just need to know if my friend does leave home and file emancipation will she be able to take control of her school. I don't understand law well enough myself so I would like a clear answer on that so I don't misinform her.

thanks again
 

JETX

Senior Member
Angry:
Lets cut to the chase.
How old is your 'friend'?
How old are you?
Why won't her parents allow you to see her?
Why isn't SHE posting her questions here.... could it be that you are trying to convince her to leave??
 
A

AngryYoungMan

Guest
I'm just trying to help someone.

She's 17
I'm 19

She honestly wants to move out as soon as possible and her mom has nothing wrong with her seeing me. I'm trying to help her in case her mom tries to force her to stop. She doesn't have internet access right now so she can't ask for herelf.

I'm trying to help someone. Don't give me crap about that. I don't want her ruining her life just to get away from a parent she can't stand. If there is a way for her to persue a G.E.D. or maybe finish school somewhere else I will help her to leave her moms house. If however it can't be worked for her to leave until after she graduates or reaches an equivalence somehow then I will try to convince her to stay.
 

JETX

Senior Member
If you really have her care at heart, then convince her to AT LEAST stay in school until she graduates. Once she is 18, she can live where she wants, but completing high school should be her main and only focus!
 
A

AngryYoungMan

Guest
I would love for her to finish school but I don't know how much longer the tension between her and her mom will stay cool enough for her to be able to do that. Thats why i'm seeing if she might be able to emancipate herself and then transfer schools on her own. I'm looking at all possibilities here and any info will help. Thanks and sorry for being kinda jumpy but I'm a bit tense about all this.
 
B

Boxcarbill

Guest
AngryYoungMan said:
thanks for the info and time. I actually did a few hours of research after I posted and found the same info you posted.

Now I just need to know if my friend does leave home and file emancipation will she be able to take control of her school. I don't understand law well enough myself so I would like a clear answer on that so I don't misinform her.

thanks again
Your friend is not self-supporting so she cannot become emancipated. No, the court will not give its approval for her moving in with a 19 year old male and the 19 year old helping to support her. The courts are not stupid and they don't want another 17 or 18 year old applying for TANF. Now what can mom do to you. Do some more research on Interference with child custody.
 

nailtech

Senior Member
I went through this with my teenage daughter, the law states she could leave when she was 17 years old, it also stated that anyone who took her in I could press charges against for harboring a runaway... so if you take her in, you could be charged, and if the mother wanted to she could make your life miserable .... and the daughter goes back home to a more miserable life... just because the mother can... and she will I bet...
 

nailtech

Senior Member
been there gone through this...

and there’s another thing I must say, just because a girl says her life is so miserable at home doesn't always mean it's so, most of the time a girl and her mother just clash,... doesn’t mean her life is miserable but she has to abide by the rules of her mother which she doesn't want to, and wont in most cases... but the mother is not always the bad guy, your just hearing one side of a story and some girls will tell you what they want for sympathy... to anyone who will listen.. you might be a little gullible and have a soft spot for her.. and your brains might not be in the right place now I don't know.. but there are two sides to every story... her side is just ONE side.. Don’t go do anything stupid because your feel sorry for her, she might be playing you... that’s not your fault for being sympathetic, just hers for being immature..

My daughter is now 21 and apologizes for the anguish she caused me.. She is mature now.. And knows her way was not right... i'm just grateful the boyfriend had enough sinse to not let her move in with him until she was old enough, because she was not thinking right..

from a good mothers perspective.. ok.. and a thankful daughters as well..
 
A

AngryYoungMan

Guest
If she moves out she will be getting a job and finding other people to live with. She will not be living with me and that was never part of the plan.

As far as me knowing half the story, I know the story better than you. Sorry to sound rude because I know where you're coming from but I'm not naieve, young maybe, but not naieve. Beyond what needs to be said for the purposes of finding legal advise I'm not going to go into details. Put it this way: I believe her and I have my reasons as to why I believe her over all the other girls who cry wolf at me. That's enough for me. I'll keep researching and see whats in everyones best interests.

Thanks again,
the Angry one
 

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